Question for LEO

[cusco19]

Question for LEO. over the weekend a couple neighbors were chatting about legal ways to transport firearm to and from the home to range.

one of them said that ammo can be transported inside the same lockbox as the handgun, as long as its not loaded inside the mag and not inside the pistol.

afterwards, i showed them this info listed below and there's some confusion.

Ammunition in the locked container is legal

So long as the handgun is itself unloaded, ammunition in the same container does not make the handgun loaded.

Some gun owners may be more comfortable transporting ammunition in a separate container, or a separate compartment of the locked container, but this is not required by current law.

Source: http://wiki.calgunsfoundation.org/Tr...cked_container

so, would like to check with LEO to see if our understanding of it is correct that you can transport with a loaded mag in the same lockbox, but the load mag cannot be inserted into the pistol.

is that right?

thanks for your help.

[keenkeen]

Correct.

[Mayor McRifle]

so, would like to check with LEO to see if our understanding of it is correct that you can transport with a loaded mag in the same lockbox, but the load mag cannot be inserted into the pistol.

is that right?

I'm not an LEO, but yes.

[cusco19]

cool thanks! will let my neighbors know.

[CSACANNONEER]

I am not a LEO either but, to play devil's advocate, by some legal definitions, a magazine is legally considered part of a firearm. So, a DA could decide to press charges. Also, there is California law that states in certain locations, mere possession of a firearm and ammunition that will fire in that firearm is, in fact, "loaded".

[Librarian]

Here's the long info about 'loaded' in California: http://wiki.calgunsfoundation.org/De..._in_California

How LEO have been trained is a different issue.

[camaroguy2012]

Mag in box not in gun is fine

[ARDude]

Librarian and Calguns wiki is correct. But, as CSA has stated, in some jurisdictions, you may have a problem having ammo in the same container as a firearm. It may be a training issue with a LEA, or could be a policy. Either way call your local P.D. or Sheriff to see what their policy is on transporting firearms and ammo. Just to be safe.

[cusco19]

thanks.. i guess even if i check with SJPD and if they say it's ok.. but seems like it just boils down to the LEO that does the checking when i'm pulled over. if he's training is sub-par then i'll probably get into trouble.

so i guess it's best not to carry it with mag loaded...

[micro911]

I personally don't mind the way you carry it, really. If you are going to the range, and the firearm is not loaded in the chamber, I am fine with it.

[cusco19]

micro911: that would be awesome of you if you were SJPD. but then again, not all LEO is cool like you.

[RickD427]

Please check out the Calguns WIKI referenced in Librarian's posting.

The short version is that for all practical purposes you're on solid ground with the a loaded magazine being in the same container, just so long as it is not placed into the firearm.

Where folks often get a misunderstanding is from the very few special cases where a firearm is considered as loaded where the weapon and ammunition are accessible to the same individual. The special cases are within specified areas of Sacramento, specified government buildings and the residences of specified government officials. The expanded definition also applies to weapons carried with the intent to commit a felony.

Some folks have also read People v Hale well out of context to conclude that a loaded magazine is the same as a loaded weapon. In sum, the Hale case held that a magazine is a part of the firearm, and that if the magazine were to be concealed while the corresponding firearm was visible, then the offense of CCW would be present based on the concealment of the magazine.

[jdubs71]

How LEO have been trained is a different issue.

This is true, I will add that it is also up to the individual officer to educate themselves and to stay up on firearm related charges. Many are uneducated when it comes to guns.

[micro911]

micro911: that would be awesome of you if you were SJPD. but then again, not all LEO is cool like you.

Well, too bad. I work for the better department..